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HomeMy WebLinkAbout2023-05-09 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 09, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault 1. Foxcroft Apartments Water Main Easement ESMT-2023-0071 2. Turin Plaza Sanitary Sewer and Water Main Easement ESMT-2023-0061 3. Findings of Fact, Conclusions of Law and Decision and Order for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. 4. Resolution No. 23-2386: A Resolution Vacating a Portion of an Existing Public Utility, Property Drainage, and Pressure Irrigation (PUDI) Easement in Lot 10, Block 8 of Southridge Subdivision No. 3, Being More Particularly Described In Exhibit “A”; and Providing an Effective Date 5. Resolution No. 23-2387: Authorizing Donation of Surplus Playground Equipment to LeSEA Global Feed the Hungry, Inc. 6. Resolution No. 23-2388: A Resolution of the City Council of the City of Meridian Setting Forth Findings and Purposes to Declare Surplus Property (#51/200 Print of Artwork by Jerry Snodgrass); and Authorizing the Meridian Parks and Recreation Staff to Convey Such Property to the Meridian Library District ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 7. Building Safety Month Proclamation 8. Termination and Release of Impact Fee Assessment and Deferral Agreement between the Ada County Highway District, the City of Meridian, and Kam Realty, LLC (d.b.a. Kiddie Academy of Meridian) Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault 9. Boise State University Students' Analysis of Housing in Meridian ADJOURNMENT 5:34 p.m. Meridian City Council Work Session May 9, 2023. A Meeting of the Meridian City Council was called to order at 4.30 p.m. Tuesday, May 9, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Jessica Perreault, Liz Strader and John Overton. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Bruce Feckleton, Scott Colaianni, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is May 9, 2023, at 4.30 p.m. We will begin our City Council work session in just a second. No hurries. No rush. We are all good. With roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Seal: Councilman Hoaglun. No changes for this work session agenda. So, I move adoption of the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Foxcroft Apartments Water Main Easement ESMT-2023-0071 Meridian City Council Work Session May 9,2023 Page 2 of 20 2. Turin Plaza Sanitary Sewer and Water Main Easement ESMT-2023- 0061 3. Findings of Fact, Conclusions of Law and Decision and Order for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. 4. Resolution No. 23-2386: A Resolution Vacating a Portion of an Existing Public Utility, Property Drainage, and Pressure Irrigation (PUDI) Easement in Lot 10, Block 8 of Southridge Subdivision No. 3, Being More Particularly Described In Exhibit "A"; and Providing an Effective Date 5. Resolution No. 23-2387: Authorizing Donation of Surplus Playground Equipment to LeSEA Global Feed the Hungry, Inc. 6. Resolution No. 23-2388: A Resolution of the City Council of the City of Meridian Setting Forth Findings and Purposes to Declare Surplus Property (#51/200 Print of Artwork by Jerry Snodgrass); and Authorizing the Meridian Parks and Recreation Staff to Convey Such Property to the Meridian Library District Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor, I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Overton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye? Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 7. Building Safety Month Proclamation Simison: Next we will go on to Item 7, which is under Department/Commission Reports is the Building Safety Month proclamation. If I could have Mr. Freckleton join me at the podium, as well as with any members of your team that you would like to call out, because since they are here we might as well get them out of their chairs; right? Okay. You guys could stand wherever you want, but we appreciate -- appreciate you being Meridian City Council Work Session May 9,2023 Page 3 of 20 here. So, I'm just going to read the proclamation, then, I will turn it over to you, Bruce, for -- Bret, for any comments you guys want to make from that standpoint. So, whereas It Starts With You, the theme for Building Safety Month 2023, encourages us all to raise awareness about building safety on a personal, local and global scale and whereas each year in observance of Building Safety Month people from Meridian and all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. And whereas building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the build environment to create and implement the highest quality codes and whereas modern building codes include safeguards to protect the public from natural hazards, such as snow storms, wildland fires, floods and earthquakes and whereas the City of Meridian is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disaster strikes. Therefore, 1, Mayor Robert E. Simpson, do hereby proclaim May 2023 as Building Safety Month in the City of Meridian and encourage all citizens to join us as we participate in Building Safety Month activities and recognize that those that help to strengthen our community and to protect us in the buildings where we live, work and raise our families, dated this 9th day of May 2023. So, thank you for all that you all do every day out there in the community and, Bruce, with that I'm going to turn this over to you and we will do pictures afterwards. Freckleton: Thank you, Mayor and -- and want to thank members of the Council for the ongoing support that you always provide for us. You know, we -- we -- we go through our code cycles, we are in front of you for code adoptions and that sort of thing, but today I just really want to -- just to highlight the staff that we have here at Meridian that -- that carry on the duties every day to make sure that our built environment is -- is safe and sustainable for our community and we have -- we have electrical folks here, we have plans examiners, we have building folks, mechanical. Bret Caulder, our building official, he is here as well. So, again, thank you for all you do for us and -- anything you want to say, Bret? Okay. All right. Thank you. Borton: Mr. Mayor, can I make a quick comment? Simison: Absolutely. Borton: Yeah. So, great proclamation, great timing and -- and in my -- in my private work I talk to a lot of developers and builders and one of the things that -- in addition to all the professional technical proficiency that your whole team has, Bruce, but you seem to be ensuring that they foster a customer service perspective, treating folks with respect, having problem solving solutions is sort of the focus, that starts at the top. So, to your whole team that's greatly appreciated in the community. You probably don't hear Meridian City Council Work Session May 9,2023 Page 4 of 20 it enough. You hear complaints and not the good stuff. But that aspect of what you and your department do, you do it really well. It's very important and it's appreciated by the community, that solution oriented customer service. So, keep up the good work, Bruce, and to everybody it's noticed and we appreciate it. 8. Termination and Release of Impact Fee Assessment and Deferral Agreement between the Ada County Highway District, the City of Meridian, and Kam Realty, LLC (d.b.a. Kiddie Academy of Meridian) Simison: He said thank you from the cheap seats, but -- Councilman Borton. All right. With that we will move on to Item 8, the termination release of impact fee assessment and deferral agreement. Mr. Nary. Nary: Thank you, Mr. Mayor. Turn on my camera real quick. So, Mr. Mayor, I think council members know, but for the public's benefit we are -- the city is the conduit for collection of impact fees, both the fees that we charge for parks, police, and fire services, but also we are the vehicle for the collecting of the fees that Ada County Highway District charges for the use of the roads and so our normal course -- and Bruce can kind of explain the process wise, but our normal course is all these fees are collected based on our agreement with Ada county at the building permit stage. Occasionally -- and it's been a few years since we have done one of these -- based on varieties of reasons, a lot of developers may negotiate with Ada county -- or with the ACHD to pay the impact fees at a later point in time. Again, the fees are fairly -- fairly large, so they can be quite expensive and so that's often the reason why. We saw a lot of this during the last recession. We did this quite a few times during that. But we haven't done very many in the last five or six years. We just received this yesterday, so I apologize for the lateness of it. That's why I asked to put it on the agenda since we don't have a meeting next week and this is holding up a building permit to be issued. So, what happens now -- and, like I said, Bruce can go into more detail, but, basically, what we are agreeing to is that before we -- you have the certificate of occupancy for this -- for these structures, they will have to, then, pay their -- their ACHD fees at that point. So, they will have to pay the fees and the only reason it's on here additionally is there is language in there that's a little fuzzy -- now I didn't write it, the -- the -- ACHD did. Basically just says if somehow we error in not collecting a fee, they are entitled to seek any other type of compensation for that. I don't know what that means. I'm not totally sure what that means. I think I know what that -- what they mean by that, but I'm not certain. But there is a -- there is a risk and I asked Bruce to come and talk about it just so that Council was comfortable that the risk is pretty minimal and very unlikely to occur. But I did want to make sure you were aware of it. The language -- like I said, it's interesting -- the ACHD says if they error they are only subject to being required to perform. If we error they are entitled to whatever a court might think is reasonable. So, it's a little bit wonky, but it is their agreement and the developer has signed it. It would, then, go from us to ACHD to get signed and, then, recorded. So, maybe Bruce could explain kind of the process side. Meridian City Council Work Session May 9,2023 Page 5 of 20 Freckleton: Thanks, Bill. I think you did a good job of framing that up. As you mentioned, we -- we have had a few of these in the past. They are -- they are pretty simple for us to administer. All of the fees go into our permit software. Before it will allow us to issue the permit the fees have to be paid. So, I checked this morning, the -- the impact fees are already in the system. We are going to have to back them out if you guys agree to approve this -- this proposal, but, then, we will put them right back in again after the permit is issued. The next stop in our system is it won't issue a C of O until the permit -- or until those fees are paid. So, as Bill mentioned, the risk is extremely low. If for some wonky reason it did make it through and we issued the C of O without the fees being paid, the building code does allow us to revoke the C of O as a -- as a safety net. So, that's -- that's kind of how we would -- we would administer it. Nary: And I would add also, Mayor and Council, there is language in the agreement that authorizes us and the party -- the developer party has agreed to that we can also shut off services to the facilities if they don't pay the fees. So, there is other ways to collect it besides the building code. They are in agreement in this agreement to be able to shut off their services. So, we could shut off their water. We have shut off power when we have needed to. So, there are other means to collect it. So, I'm not really concerned, I just wanted you to be aware, because we haven't done one in a while. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thank you, Bruce. Appreciate you being here. Maybe I missed it, but what is the underlying rationale for why the developer is asking for this? Is it a hardship issue? Is it a timing issue? Freckleton: It could be both. I think they like to keep their capital in the bank until the construction is completed, instead of paying -- paying that all out at the very beginning and, then, not being able to occupy the structure for three or four months. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. And if something were to happen, let's say the building were sold and it wasn't completed or some sort of similar circumstance, would the obligation to pay that fee transfer to the new owner? Freckleton: Yes, it would. Strader: Okay. Thank you. Simison: Council, additional questions or comments or actions? Meridian City Council Work Session May 9,2023 Page 6 of 20 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: While this is not something we do every day, I think the explanation is adequate. Sounds like there is a protection in place for the certificate of occupancy to collect those fees before that's issued and -- and -- and since they are not required to give a reason I guess we can -- I feel comfortable moving forward on this. So, Mr. Mayor, I would move that we agree to Item 8, the termination release of impact fee assessment and referral agreement between ACHD and the City of Meridian and Kam Realty that is before us. Overton: Second. Simison: Have a motion and a second. Do I have discussion? Mr. Nary, do we need a roll call? Nary: Mr. Mayor, I just wanted to make sure that the maker of the motion -- are you doing both of them, which you can, or are you going to do one at a time? It doesn't matter. Hoaglun: I'm -- I'm comfortable with doing both. Nary: Okay. I just couldn't hear if that's what you said. I just wanted to clarify. Hoaglun: Termination and release. Nary: But, yeah, I think a roll call vote probably is appropriate, Mr. Mayor. Overton: Second agrees. Simison: Second agrees it is for both and does that change anybody's desire to have any discussion or comments? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 9. Boise State University Students' Analysis of Housing in Meridian Simison: So, up next, No. 9, is the Boise State University Students Analysis of housing in Meridian and I'm going to turn this over to Council Woman Perreault. Meridian City Council Work Session May 9,2023 Page 7 of 20 Perreault: Thank you, Mayor. First I want to say thank you to the Mayor's Office for their diligent help in -- in the process that we have gone through over the last few months of collecting some information and I want to say thank you also to my fellow Council for allowing me the opportunity to have the floor -- the seat -- well, not myself, but the -- the students to have the floor this evening and the time to share what they have found regarding in the state of housing in the City of Meridian. So, without a delay I would absolutely invite the students here to share their presentation. It's an honor to have you and we are excited to see what you have to share with us. One more quick note. It's my understanding they will be sharing more -- more general information in regard to the state of housing and the use of -- of income in relationship to housing costs and whatnot and, then, it sounds like we will have the opportunity to dive deeper into some portions of that information this fall and so I would encourage my fellow Council to ask any questions that they have and if the -- those questions are perhaps too detailed for this presentation, we will take note of those and see if we can't get them addressed in the fall semester. Simison: Thank you. And welcome. Smart: Are you ready for us? Simison: Yes. If you would start off with your names that would be great and, then, we will go from there. Smart: Great. My name is Sunny Smart and I am a resident of Meridian. Spalding: My name is Kristi Spalding and I am a social work student at Boise State and not a resident of Meridian. Spaulding: I'm Faith Spaulding and I am an economics and social sciences student at Boise State. Rajbhandari: I'm Shiva Rajbhandari and I'm a concurrent student at Boise State and we are all part of a vertically integrated projects class at Boise State working with the community partner on addressing housing opportunities for all. Simison: Thank you. Smart: All right. We are going to be working off of two laptops here, so we will see how she goes; right? But first we want to thank you for having us here today. We were tasked with examining housing needs in the City of Meridian and this has been a really interesting and exciting project for us. When we started this we really wanted to have a clear sense of direction and what we should be looking at and so to find that we began to examine the Comprehensive Plan for the City of Meridian and felt like that gave us some great scaffolding and reference points. What we -- what we found is that this plan is a really robust and exciting vision for the city and as a resident I was excited to read through the plan. I had never done that and it made me excited for the possibilities Meridian City Council Work Session May 9,2023 Page 8 of 20 within an already great city. But we also wanted to find out where Meridian might not be yet meeting the goals that you have laid out and how that could be achieved. So, as we examined the plan a few things started to emerge for us and you will see them on your screen there. One is that there is a lot of language around Meridian being a community that is adaptable to change, so to the market and the needs of the citizens. Another is that Meridian is a city that wants to be a place where there is a diversity of housing types and incomes. And, then, the third is that Meridian wishes to be a city that continues with economic development, especially bringing in family wage jobs. Oh. Yep. Two laptops. There it goes. Okay. You just have to hit it harder. So, as we move forward through this presentation we will be focusing on the current reality in Meridian as it is compared to the Comprehensive Plan for the City. We will also focus on who is affected by the current housing needs and situation in the City of Meridian and, then, we will also be looking at some policy alternatives that the city might like to consider in light of the information that we will present. So, I'm going to turn this over to my colleague Faith. Spaulding: To begin, knowing that Meridian is an amazing city with beautiful neighborhoods, bountiful outdoors with green spaces and access to recreation, it's a family oriented community with plentiful community programs, it makes sense that so many people want to move here, making this one of the fastest growing markets in the nation. We chose first to examine the market through a family that would like to move to Meridian in order to show what that process is like and what it's like to be moving into Meridian. This is the Smith family. They received a new job in the Treasure Valley and are looking to move to Meridian. They have two children and average about 58,000 household salary. They are looking towards renting, because they are new to the area and not financially prepared to have -- to own a home. Let's look at what the Smith family might find as they begin their search. On the low end of two-bedroom apartment rents is about 1,700 dollars. Plus there is a lot of hidden costs. So, while it might look like it's only 1,700 dollars, it's really over 400 thousand -- four hundred dollars -- 4,000 dollars to get into housing, making it unattainable for many families. This is including the deposit, first and last rent, application fees, administrative fees and there is even more fees, such as utility fees that might not be considered within this rent. So, let's take a closer look at cost affordability and accessibility of housing in Meridian. Starting in with cost affordability and, then, moving into income, to provide a general idea of income in Meridian we pulled out some interesting numbers. First is the per capita income of Meridian, which is about 40,063 dollars. Meanwhile, the median income for a household in Meridian is 85,200 dollars. Additionally 6.5 percent of Meridian's population is experiencing population -- poverty, while 6.8 percent of population that is under eight years of age -- of 18 are experiencing poverty. So, as we look towards the renters and owners, percentage of income to housing costs, renting and owner occupied housing status, public assistance and inflow-outflow data provides some insights of the cost affordability of housing in Meridian. The cost of living in Meridian is high, while the average household income is very high, too. In addition, a very small percentage of Meridian's populations are using public assistance income and SNAP, which gives the impression that housing is relatively affordable. However, as you look into the reality we see many households are considered cost burdened, while also the Meridian City Council Work Session May 9,2023 Page 9 of 20 majority of people who work in Meridian cannot afford to live in Meridian. We will come back to this later. Spalding: Okay. So, now we are going to look at the availability of housing units in Meridian and so the first thing that I want to talk to you about is -- no, that one's fine. Sorry. Go back. Okay. So, the first thing I want to talk to you about is vacancy rates and what they are and why they are important. So, just like economists use a natural unemployment rate to help measure the health of the economy, there is also a natural rental vacancy rate that can help measure the health of the housing market and so that number is four to five percent. That generally means that the market is in equilibrium and so anything above five percent is understood to be that that market has more supply than it has demand. Anything under four percent indicates that the market has more demand than it has supply. So based on data that was gathered from a national mortgage lending company they found that the current vacancy rate of Meridian right now is 0.5 percent. So, based on what we now know about vacancy rates we know that 0.5 is underneath the four percent natural rental vacancy rate, which indicates that there is not enough supply to meet the demand. So, what kind of housing mix exists in Meridian right now? We know that it's about 83 percent single family dwellings and about 16 percent other, which includes multi-family buildings of various sizes, and we also know that this is roughly what the future of Meridian is going to continue to look like, because in the code audit conducted by WGI -- WGI last year they found that nearly 88 percent of residentially zoned land that's going to be used in the future doesn't support or permit the building of multi-family units. So, another thing that I wanted to talk to -- talk to you all about was the Housing and Urban Development fair market rent values, which is a number that HUD releases every year for many local markets. You can go on their website and choose which market you want to look at and it shows you what the fair market rent values are and those values represent what the cost is to rent a moderately priced dwelling unit in any local housing market. So, I went to HUD and I grabbed those values that they had released for 2023 in Meridian and I compared them to a number of listings that I found looking as a consumer on Zillow and so what I found on Zillow was that there was 253 available units to rent in Meridian it's like as -- I'm sorry. Since last week was when I looked and out of those 253 units 69 of them were multi-family units, which includes apartments and condos and townhomes and the remaining 184 of those units are single family dwellings. So, when I compared the values of those listings to the HUD fair market rent values what I found was that only 16 of the multi-family units out of the 69 met the HUD fair market rent value and, then, for the single family units only seven out of the 184 met the HUD fair market rent values. And so sometimes those numbers can be hard to visualize. So, we did create some visualizations for that. Oops. That went too fast. Okay. So, this is a visualization of the 69 available units that are currently open to rent that are multi-family units and the blue houses indicate how many of them meet the HUD fair market rent values for this year. We also put together a visualization of the single family dwellings and same thing the blue houses indicate how many of those meet the HUD fair market rent values. So, when you combine these two categories in total out of the 253 available units that are open to rent now only about nine percent of them meet the HUD fair market rent values. So, what this -- since there is limited availability in Meridian right now it means that Meridian City Council Work Session May 9,2023 Page 10 of 20 people who are looking to move to Meridian often can't, because things aren't in their price range or there is not anything available, but we also wanted to know what this means for people who are already living in Meridian and what it means for people who are currently working in Meridian and what we found is that there may not be as much overlap between those two groups as we thought. More specific data from the in-flow, out-flow analysis conducted by the U.S. Census Bureau was able to give a better insight into cost affordability and the availability in Meridian. This data shows us that residents of Meridian tend to earn more money each month when they work outside of Meridian than those who both live and work in Meridian. Additionally, the majority of workers who are employed in Meridian live outside of Meridian. We can see this as we see the shift in daily traffic on that map and the majority of workers who live in Meridian do not work in Meridian. This data shows us that for residents who work in Meridian it may be more difficult for -- to afford to live in Meridian than for residents who work outside of the city. For every family wage position there must be lower wage positions to support it. That means that if Meridian wants to draw family wage businesses to the city it must also be able to house the lower wage workers as well and we are not currently seeing that in the status quo. Smart: Okay. So, we have discussed what it might look like for a family who would like to come into Meridian and some of the barriers they might face in finding available housing and affordable housing, but what about residents who are already here? We wanted to look at how they are being affected by housing, by the price of housing, so this is the Alfred family and they live in Meridian. They are a multi-generational household. They are considered living in extremely overcrowded conditions, which we will get into, and they are currently renting. Who knows how to move this one, because I do not. Thank you. We specifically wanted to look at overcrowding to see if this was an issue for the City of Meridian and let's go with a couple definitions first. Overcrowding, as far as HUD is concerned, means that you have one and a half or more people per room in a household and then -- well, actually, sorry. Overcrowding is one or more person. Severely overcrowded is one to one and a half or more people per room and extremely overcrowded would be if you had two plus people per room and it's important that we also recognize that per these guidelines a room is not just a bedroom. So, when you think about your house, if you have a living room, you might have an enclosed porch. These things are considered rooms where people might stay and so you have to look at the number of actual rooms in a home just excluding bathrooms, kitchens, hallways, unenclosed porches. Those are not rooms. And, then, you consider that overcrowding would be one or more people have to share all those spaces. So, in looking at the data, according to the American Community Survey, five years from 2021, there are approximately 595 overcrowded households in Meridian and of these 465 are deemed -- are -- sorry. Four -- yeah. Four hundred and sixty-five are deemed overcrowded, sixty are severely overcrowded and seventy are extremely overcrowded. And of those extremely overcrowded all of those are rental households. Okay. I'm going to let you move that. So, while Meridian may not have a statistically large overcrowding problem as compared to the whole population, something interesting began to emerge as we looked at areas of overcrowding on the census map and that is that it -- a lot of the overcrowding seemed to be concentrated around schools, which led Meridian City Council Work Session May 9,2023 Page 11 of 20 to the question of whether children are being disproportionately affected by overcrowded housing conditions and this is important to consider, because for children who live and grow up in overcrowded conditions their outcomes are much poorer with mental health, physical health and school achievement. So, one way that we can look at children being affected by overcrowding is through McKinney Vento data and I will explain what that is, because you may not be aware. McKinney Vento is a federal program for homeless youth and it is administered through school systems. So, for a child to be considered homeless under McKinney Vento it's the things you might imagine, that they live in a shelter, a hotel, a car. They are completely unsheltered. But what's interesting about McKinney Vento is that it also includes youth who live in what they refer to as doubled up conditions and so these are children or whole families that now must live in someone else's residence due to financial barriers, unsafe housing, that sort of thing and so we worked with the West Ada School District to determine the children in the district that are under the McKinney Vento program and so what we found out as of April 19th is that in West Ada -- and I'm going to read these, so that I don't mess the numbers up for you. There are 704 students considered homeless under McKinney Vento general guidelines. Of those 704, 639 are considered homeless due to doubling up. Those 704 total students represent 493 households. What we don't have data for is how many households are represented just by the doubled up population. But we, then, searched within 83646 and 83642, because we know that the school district covers more than just the City of Meridian. So, in 83646 there are 153 students who qualify for McKinney Vento and of those 150 are doubled up. In 83642 there are 189 students that fall under McKinney Vento, with 154 of those students doubled up. So, added together there are 342 homeless students in Meridian with 304 of these students being doubled up. So, I also want to talk to you about how a family, like say the Alfred family, becomes homeless or considered doubled up in Meridian and while we don't have exact numbers for this, what we do have is anecdotal evidence gathered from the social workers in the district who are the ones that administer McKinney Vento. So, I was curious to know how does the family end up on the McKinney Vento program and she said -- the ones -- the two that I spoke to said that most often what they see is that families are renting and, then, the landlord is selling the home for a price that they cannot meet and so they go to move, but rent has grown so high that there is nowhere to move into that they can afford, especially as you saw with the Smith family trying to move into Meridian, the cost of just getting into a new place, first and last month's rent, all of these things. So, she said most of our families would need about 5,000 dollars up front to be able to move and, then, be able to sustain rent, which is not plausible for many families. On top of that, a lot of them do qualify for Section 8 vouchers, which they have in hand, but what they are finding is that there is little to no Section 8 housing in Meridian, but there are many many landlords who will say they have Section 8 available, will take the application fees from families, sometimes an application fee per person in the family, but there are no units and these are families that cannot afford to be paying the application fees to begin with and they keep shelling out money for these things. She also said part of the barrier is that families can often afford the rent. They are finding ways to afford it, but because on applications they are required to make triple the amount of rent, they don't match that criteria, so no one will rent to them and she also said what's amazing is she has families Meridian City Council Work Session May 9,2023 Page 12 of 20 who pay up to 3,000 dollars a month to live in hotels in Meridian and still cannot qualify to pay rent in an apartment or a home. So, that's how families are getting on McKinney Vento. So, then, I asked what are you seeing long term or how do you see a family move out of the McKinney Vento program and what they see is that there are some families who find a way to find housing within Meridian and that's wonderful for them, but for many of them what they are seeing is they are moving out to Caldwell, they are moving out to rural areas and living in a trailer sometimes without plumbing and electricity and all of these things and so what this is telling us is that Meridian is actually losing residence due to the current state of the housing market and, again, while we don't have exact numbers, this is what the school district is telling us they are seeing pretty consistently with these families. Rajbhandari: So, we didn't want to recommend specific policies for Meridian, because you guys are the policy experts, but we did want to look at some of the ways that peer cities to Meridian have evolved their existing policy in order to -- to kind of fix some of the problems that -- that we outline and -- and many cities across the country are experiencing similar problems as -- as they grow. So, we -- we kind of looked -- we divided policy alternatives into short-term, medium, and long-term solutions. In the short term rental assistance for cost burden households could do the most to help keep families housed within Meridian and -- and prevent families from -- from having to leave Meridian if as -- as rents increase and -- and they can no longer afford their homes or might have to double up. Reducing parking minimums also can reduce the cost associated with development and specifically the cost associated with the development of affordable housing and that's a really easy fix that -- that the city can -- can make. And in the medium term we looked at subsidizing more affordable housing units and this -- this can look like direct subsidies from the city or it can look like changing zoning requirements to incentivize more affordable housing and -- and this is something that many peer cities that have taken on to keep -- keep folks housed and to, you know, bring rents closer to that equilibrium rate. And, then, finally, in the long term the -- the policy alternatives are expanding multi-family zoning for -- for renting and I'm going to say the bad word, it's up zoning, which is increasing density, especially along high -- high traffic areas and that can decrease the cost associated especially with commuting, you know, and -- and help keep families working, you know, build living, working areas within -- within Meridian and -- and, then, expanding public transit as well can help reduce those costs associated with commuting and often that goes hand in hand with -- with up-zone as we are seeing in the city of Boise with that -- that battle right now. So, those are kind of some of the ways that -- that we determined the City of Meridian could -- could help evolve existing policy and take the pressure off of low income households and house -- and cost burden households in order to, you know, keep Meridian livable and make Meridian more livable for families. Spaulding: On the last slide of that presentation there is a QR code. This QR code links you over to our website that we built. This website does contain a lot more facts, figures, graphs to show visualization and we also have -- go ahead. QR codes. But just so that this is a long list -- lasting impact of information on everybody and you can spread out that information, so we would like to open up for any questions. Meridian City Council Work Session May 9,2023 Page 13 of 20 Simison: Thank you. Council, questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: This is really interesting. First of all, I just want to start by thanking you guys so much for all the work you did here. This has been really interesting. So, Sunny, Kristi, Faith and Shiva, I really appreciate it. Just some questions. So, actually, to be honest, I'm surprised -- it looked surprisingly positive to me compared to what I would have expected, if I'm being honest. That's just my initial reaction. Like 23 percent of our inventory being at HUD fair market value, that actually like pleasantly surprises me compared to what I would have expected to see. I was curious -- looking at some of these policy alternatives, if you guys have further information or studies on the effectiveness of those alternatives. I know there is the scope of what you are doing for your class, so I totally appreciate that, but if you could lead us to some resources that would help us to just understand the, you know, efficacy of some of these different policy alternatives and the reason is, you know, like when I hear something like, you know, maybe we should subsidize more affordable housing or reduce parking minimums, I think it would be really great if we had examples of cities where we could show, hey, this was effective in this city. I hear all the time about cities doing all kinds of things to try to help, but I don't often hear that something is working. So, that -- that's one question that I had. Rajbhandari: Yeah. And -- and thank you for making that point. I think it's worth noting that some of the data that -- that we used -- most of it came from the American Community Survey, which was in 2021 and that was a five year period. So, most of this data, honestly, is -- is coming from before or -- or during COVID and so the -- the -- especially like the overcrowding data I think. And so the place that Meridian is in right now may be -- may be different and I think, you know, your personal experience might speak to that. As far as looking at the policy alternatives, we have a list of peer cities and -- and kind of -- some of the similar ways that they have approached this problem and -- and we would be happy to share those with you. It's difficult sometimes to determine like a causal relationship between one policy and one -- and -- and one outcome, because often the way cities approach this is, you know, in a multi- dimensional fashion and so -- so it's difficult and there is -- there is, honestly, like -- there needs to be more research into each of these policy alternatives, but we can certainly share with you some of the ways that peer cities across the country and in Idaho have approached this within kind of a budget and -- and the relative efficacy of those. Spaulding: And if you look towards our website within the existing -- of all the existing policies there is quite a few links to other websites that provide what peer cities have done and how effective they have measured it within their city and even looking towards how some cities have -- instead of getting to this point where there is that overcrowding, the unaffordable affordability, and the nonavailability of it, they evolved their policies while it was happening, so while it might not seem like there was like a direct correlation Meridian City Council Work Session May 9,2023 Page 14 of 20 to the situation that Meridian is in, there is quite a difference in reaction that created the ability to evolve their policy. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just one more sort of a question, maybe reflection and a question together. So, it sounded like you looked at the -- it sounded like you looked at the Comprehensive Plan and if I'm following you there was an audit and it sounded like 88 percent doesn't permit multi-family. What's really fascinating to me is like if we get a -- it's internal, like a community development dashboard every month, and I have been following that and if I look at the last couple of years the proportion that we are actually building and permitting of multi-family to single family is much higher weighted to multi-family than I would have expected. So, you know, just rough proportions, like just under a thousand I want to say multi-family units last year and something in the magnitude of like 1 ,500 single family. So, like what's interesting to me is we are building a lot of multi-family. If I look at your affordability it seems like we are not doing -- I mean 20 percent -- it's not great, but it's not as horrible as I would have expected. So, it seems like our multi- family we still have some -- you know, roughly 20 percent of the units are somewhat affordable, but the single family is not affordable at all. So, it actually leads me to an interesting question, which is are we missing a little bit on more affordable single family homes based on what you guys have seen or is that just leaping too far? Spaulding: Affordability overall is one of the problems. One of the biggest things about affordability within the single -- the single unit dwellings -- or the single family dwellings is that that is kind of the American dream that Meridian has been following where families usually want to have their own dwelling. However, there isn't availability or even -- like they are making the fair -- fair market rate. That's because like as a college student I know so many college students who are renting in Meridian, a single unit dwelling, because the apartments are so expensive where they don't meet the apartments necessary, but they would prefer to be in an apartment complex or even just in general there is not enough supply. We can see that within the vacancy rate. When we are looking at the supply of whether even multi-family housing or single family housing, there is not enough supply in any way to meet the demand of people coming into Meridian or people who are trying to stay in Meridian. So, that's where we are seeing some of those problems and some of those like -- though there has been a high amount of growth within multi-family housing in Meridian in the past few years, it's still not enough to catch up where the demand wants it to be. Rajbhandari: And it's worth noting like the -- the -- the way to meet that supply is to allow more access to multi-family housing. So, it's good that -- that that's what the -- you know, that's -- that's what you all are doing already. Because, you know, at the end of the day at -- at some point Meridian is going to run out of space and already is and -- and, then, single family housing, right, isn't -- you can't keep developing single -- single family housing unless you are cutting the size of those lots and so to the extent that like Meridian City Council Work Session May 9,2023 Page 15 of 20 people just need a place to live, multi-family housing is -- is the way to lower costs and lower cost for single family housing as well, because when there is more availability you know that's just going to lower the -- the market rate. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to reflect back on what you guys are saying, yeah, I mean that makes sense to me. I think what's really interesting and the challenge for us, right, is, for example, some of the policy recommendations, like reducing the parking minimums, that works really effectively in a city that has public transportation and a robust network of that. Like we have just begun with like a couple of bus lines and it's really like -- it's fairly infrequent. We are working on that, but we are at a different place in our development where, you know, we -- we want to try to put that density I think on those transportation corridors to your point to help with the affordability as well, but this is a lot to -- to contemplate. I really appreciate you guys doing the work and certainly, you know, a lot to chew on. I -- I'm looking forward to sort of digging in, maybe if you have a paper or the -- kind of footnotes and everything and if you are available to discuss further I would love to -- to talk about it in more detail for sure. Thanks. Smart: I will just -- I will just add something that Council Woman -- I always want to say Congress Woman, but maybe one day; right? We don't know. Council Woman Perreault brought up at the beginning this is a kind of hundred mile out view in some ways; right? There is a lot to consider with housing and growth in Meridian, as you well know, and so, really, even with the recommendations and the data we have provided we see this as an opportunity for you to decide, okay, which of these pieces feels like something we want to explore more, which of these feels like something we would like to research more, dig into, look at the policy recommendations, which piece of data do we really want to know more about and -- and so that's our hope is that you can take these pieces and decide which of these feel really pertinent, which of them feel like things we want to understand more and which feel like things we can begin to tackle and we would be happy to continue the conversation at any time and we would also be happy to in the fall do more work if that is something that is helpful to the city if you have an area -- a direction you would like to go in and, then, that's something we would be willing to consider. So, thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think, Sunny, you are the one who brought this up about application fees. Smart: Yeah. Hoaglun: And I was just curious what -- are you finding a serious situation in Meridian? I mean because this is something that -- that's -- if someone's representing something Meridian City Council Work Session May 9,2023 Page 16 of 20 and they are charging fees for that -- I mean we are getting into the area of fraud. If they don't have what they are advertising and whatnot, I mean -- and -- and like you said, if -- if someone is on the lower end of the income line, that's -- they can't afford that and they have to find housing and so what -- what did you uncover? I know that wasn't part of the overall look, but if you kind of gleaned anything I would be interested in -- in learning more. Smart: Yeah. And, again, it's anecdotal; right? It's what's being reported. But it -- from what was told to me it does seem to be a pretty prevalent issue that happens with these families. I would have to go back and look at my sources, but recently I was looking for Section 8 housing in Meridian I believe I found one maybe available unit and that does not match with multiple families being told, oh, yeah, file an application or multiple applications. We have units and, then, they never hear back or it was magically filled as soon -- you know. So, this is, again, the information from the district. But what I was told is that this is a pretty prevalent problem for many of these families and it does feel predatory. Hoaglun: Thank you. Appreciate that. Yeah. We know -- we -- we recognize that landlords -- there is a cost to these things. If they have to run background checks, do different things, credit checks, whatever that is for that operation, but if they are taking that and nothing -- and they don't have it available as -- as they say they do, that -- that to me is very serious. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I can share some more information with Councilman Hoaglun on that at another time. It's -- it's an inventory issue, but it's also -- the city of Boise has attempted to maximize the -- the amount of fees that can be charged to an individual or family, but, then, the landlords have come up with other fees with different names and added them on. So, instead of one application fee we have got the application fee and the processing fee and this fee and that. So, there is -- we can kind of -- I'm happy to share kind of some of the history and background on what's happened and -- and there has been bills that have gone before the legislature to try to manage this at a state level. But, yeah, I absolutely be happy to share more about that with fellow Council. I got a quick peek. Oh. I got a quick peek at the slides before the presentation and had e- mailed several questions to your team already, which I will follow up with that and make sure that those questions get answered and sent to fellow Council. But just really quickly for everyone's sake, I was wondering if you could share with us in your slides the -- the definition for -- the definition of poverty and the definition of cost burden. Like what's the actual financial definition of that? Is that -- is that a percentage that an individual or family is using to spend on their housing? Is it like a HUD category that says if you are a family of four and you make under a certain amount you are in poverty? Can you share that with us real quickly? Meridian City Council Work Session May 9,2023 Page 17 of 20 Spaulding: So, poverty is set by the poverty line set through just the federal regulations of seeing what the cost of living within an area is and estimating where that would be where you are not able to sustain yourself -- sustain yourself for actually living and that is dependent on all -- like your income, within your family size, who all is living with you, roommates, those types of things, dependencies and everything. However, cost burden is where you are spending over 30 percent of your income on only housing. So, this is making it so that people are having to fork out so much money within their housing that they are unable to provide for food or they have to go without heat for a month just because they have to make that rent. So, that's where the cost burden is coming up and this is just a HUD rate and it's shown within the U.S. Census, too. Perreault: Mr. Mayor, follow up if I may. Simison: Council Woman Perreault. Perreault: So, when -- when the professors and I had originally talked about this project, the intent was to kind of hone in more on that poverty and cost burdened side of it and I think we will get a chance to do that hopefully in the fall, because what we -- we wanted to know -- and it kind of took on a life of its own, but it also revealed a lot more information that even I haven't thought about collecting, which is helpful, but what I'm hoping we can -- can look -- look more at in the fall is what -- out of a sampling of individuals in our community how many of them are spending more than 30 percent and especially more than 50 percent of their income on housing? Because they think that that -- no matter what their income is and no matter what size of house, that is the -- kind of the -- the one statistic that -- that takes all the rest of the variables out and really gives us an idea if people can afford housing or not, because it doesn't look at renters, it doesn't look at owners, it doesn't look at age, it doesn't look at anything else, it just says am I spending more than the -- than the cost burden definition from HUD on my housing and, you know, we -- we don't know if the answer to the question for those folks that are doing that is do they move to another city; right? We -- we can assume that maybe they have that option, but maybe those cities have inventory issues as well. So, we don't know that there is other options for folks that are in that cost burden place, we can only assume that within our own city what -- what will help that cost burdening is to create more inventory. The challenge that I have learned through -- over the last year is that there is an assumption that building more units, more inventory and more multi-family specifically, helps the affordability problem overall and statistically we have seen that that's not true and so I think there is generally that conversation that has to be had is building more unit -- can we out -- can we build our way out of this affordability problem and the statistics nationwide are saying no. So, we have to decide is building more the solution or is more affordable housing the solution? Do we take what we have and make it more affordable in some way and there are two very different ways to go about solving the problem; right? So, I think that that's been something that's been really interesting that's kind of made me change my mind, because I went into this research on affordable housing when I first started this about a year and a half ago thinking, oh, let's just figure out ways to build more. Surely the normal economic idea of more supply will affect demand and demand will affect supply and that should work itself out. But, Meridian City Council Work Session May 9,2023 Page 18 of 20 interestingly enough, that's not what's happening in housing for a variety of reasons, because it's complex; right? I mean you all attempted to go about this a variety of different ways and saw the complexity of how we even begin to answer the questions. I don't know. So, one more quick question. Just to clarify, the American Community Survey is that voluntary -- well, it's not technically voluntary, but it's a survey that the Census Bureau sends out on a monthly basis; right? And people are obligated to answer that survey. Do you have any more information on how the surveys are done or how they -- because I don't know much about it. Spaulding: Dr. Cosgrove will probably answer that question. Cosgrove: So, no -- Council Woman, no, no one is technically obligated. You don't -- it's not like the decennial census where they confirm that people have responded. So, it's a sample that -- that's conducted. I was recently included in the sample. I felt super privileged about that. But -- so, they do use not only mail but also text. So, they are trying multiple kinds of modes to reach different types of citizens and the battery of questions that they ask I think varies across the sample. As you all are probably familiar with, though, those samples are relatively small. They are not the full population like the decennial census, so the margins of error tend to be pretty high and it becomes difficult. I know that you have all experienced the frustration of trying to use that in a decision making capacity, because it -- it becomes stale relatively quickly or it's not as accurate as we might want. Rajbhandari: And to the extent I think with data collection and Meridian actually like conducting its own survey, I think the intent of this project really is to bring some of the data that's already out there that you have in your data bases that the Census Bureau and the school district have and bring that to you all's attention, so that you can think about, you know, what more data do we need, because, honestly, it's -- I mean it's not within our capabilities to conduct, you know, some type of, you know, scientifically accurate sampling or -- or surveying and that can cost, you know, upwards of 50,000 dollars to get even just a few hundred -- a few hundred folks in Meridian surveyed in a representative sample and so that's something that I think if -- if the city wants to consider we -- we would be happy to, you know, continue to provide support on that. But I don't think that's -- that's not necessarily something that we can -- we can do with our -- with their own abilities. Simison: Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Just a thank you for your presentation. It was -- it was very thorough. But you -- you got me alarmed at one point when you started talking about the number of homeless students and the numbers on the screen and just quickly -- I always get frustrated when I look at acts in different parts of our federal government that define Meridian City Council Work Session May 9,2023 Page 19 of 20 things differently and the CDC has a definition of homeless that's vastly different than the McKinney Vento Act definition. I would have never thought that we would have listed -- and I'm not -- I'm not trying to say it's wrong, but I think it needs more explanation that even people living with someone else in someone else's home under the McKinney Vento are listed as homeless if it's not their home. So, there is a lot of people in that group of homeless under McKinney Vento that -- that aren't the traditional definition of homeless and before we alarm everybody that we have got all these homeless people, I -- I -- I just almost want a little more transparency on how we are defining the term, because that really kind of shocked me. My -- we all know visions of homelessness. We see it all the time on the news. We would never see this and think this was homeless the way it's defined in the act and I -- just a little bit more transparency for everyone I think would also give you a lot more buy in for what homeless really is. That's my two cents. Smart: Thank you for those comments. So, that is why, you know, we went through the definition according to McKinney Vento, because that is different than the CDC and that's for a couple of reasons. One is because there are children involved and, again, the outcomes for children who live in overcrowded conditions are not good. But the other part of that is that when people are doubled up that is considered unstable or tenuous housing, because at any time they could be asked to leave and if they are asked to leave that residence where do they go? And, then, we have the children we do have in Meridian who are living in hotels, who are in shelters, or are completely unhoused or living in cars and we do have the numbers of those children as well. So, we have to remember that that is why the McKinney Vento program operates the way it does, that we have very -- a very vulnerable population, which is children, that could be immediately at any time under that other definition of homeless, which is they have nowhere to go, because doubled up housing is unstable, inconsistent housing that can be pulled out from under a family at any time and that is why the government labels it this, so that those children now fall under an umbrella where someone in the school district at least is very aware and is trying to help their family get into stable housing, so they do not become homeless in the sense of having no shelter. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just wanted to thank you guys for presenting to us today and I can tell you you did so much hard work to put this together and it means a lot to us that you, you know, went through the effort of doing this for our city. So, thank you. And I wanted to also thank Council Woman Perreault, because she has been the most tenacious person in pursuing this topic and I'm in awe of it and she has just continued -- even though it's one of the hardest, most challenging topics to ever try to tackle, so I just wanted to say thanks for that. Meridian City Council Work Session May 9,2023 Page 20 of 20 Simison: All right. Thank you as well. We appreciate you all being here and -- and maybe we will be chatting some more again in the fall. Okay. Thank you. Council, we have reached the end of our agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I move that we adjourn our work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MEETING ADJOURNED AT 5:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5j23-202? MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foxcroft Apartments Water Main Easement ESMT-2023-0071 ADA COUNTY RECORDER Trent Tripple 2023-026772 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/10/2023 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0071 Foxcroft Apartments Water Main Easement WATER MAIN EASEMENT THIS Easement Agreement, made this 9th day of May , 20 23 between viper Investments,L LC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that a after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that %existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR 'covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) nn `� This record was acknowledged before me on n +2�ZU( � date) by — 0✓r�- & (name of individual), [complete the following if signing in a representative c achy, or strike the following if signing in an individual capacity] on behalf of _Vi �1-�- (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Notary Signature ADAIR KOLTES My Commission Expires:_h-OS EMy ary Public- State of Idaho mmission Number30052 ommission Expires 06-05-202 66 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E, Simison,Mayor 5-9-2023 Attest by Chris Johnson, City Clerk 5-9-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-9-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City F Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 3 I !E I f f Water Main Easement Version 01/01/2020 Exhibit A Foxcroft Apartments April 25, 2023 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89°36'02" West, 334.50 feet; thence leaving said east-west centerline, North 00023'59" East, 28.71 feet to the POINT OF BEGINNING; thence continuing, North 00023'59" East, 55.20 feet; thence North 89°36'01" West, 17.30 feet; thence North 00023'59" East, 27.35 feet; thence North 66°39'02" West, 176.71 feet; thence South 23020'58" West, 18.50 feet; thence North 66039'02" West, 24.00 feet; thence North 23°20'58" East, 18.50 feet; thence North 66039'02" West, 286.84 feet; thence South 23°20'58" West, 18.50 feet; thence North 66039'02" West, 21.00 feet; thence North 23020'58" East, 18.50 feet; thence North 66°39'02" West, 199.00 feet; thence South 23020'58" West, 91.50 feet; thence South 66039'02" East, 12.50 feet; S��N GENSNO gA 4'"` 11779 u',,y�i5�z�23 cop9TF OF YM MCGN Page 1 of 4 thence South 23°20'58" West, 20.00 feet; thence North 66039'02" West, 12.50 feet; thence South 23020'58" West, 43.87 feet; thence South 00023'58" West, 138.08 feet; thence South 89036'02" East, 25.00 feet; thence South 00023'58" West, 12.50 feet; thence South 89°36'02" East, 85.31 feet; thence South 00023'58" West, 24.30 feet to the Northeast corner of an existing City of Meridian water easement; thence on the north easement line, North 89036'02" West, 20.00 feet; thence leaving said north easement line, North 00023'58" East, 4.30 feet; thence North 89036'02" West, 110.31 feet; thence North 00°23'58" East, 3.75 feet; thence North 89036'02" West, 42.00 feet; thence North 00023'58" East, 25.00 feet; thence South 89036'02" East, 42.00 feet; thence North 00°23'58" East, 145.89 feet; thence North 23020'58" East, 30.18 feet; thence North 66039'02" West, 43.00 feet; thence North 23020'58" East, 20.00 feet; thence South 66039'02" East, 43.00 feet; thence North 23020'58" East, 84.16 feet; \�Npl. LAND ENSF G 11779 OF YM MCCN Page 2 of 4 thence North 66°39'02" West, 21.32 feet; thence North 23020'58" East, 25.09 feet; thence North 66039'02" West, 45.70 feet; thence North 23020'58" East, 32.00 feet; thence South 66039'02" East, 20.00 feet; thence South 23020'58" West, 12.00 feet; thence South 66039'02" East, 279.00 feet; thence North 23020'58" East, 17.81 feet; thence South 66039'02" East, 20.00 feet; thence South 23020'58" West, 17.81 feet; thence South 66039'02" East, 243.50 feet; thence North 23020'58" East, 12.50 feet; thence South 66039'02" East, 25.00 feet; thence South 23020'58" West, 12.50 feet; thence South 66039'02" East, 208.50 feet; thence North 23020'58" East, 13.50 feet; thence South 66039'02" East, 20.00 feet; thence South 23020'58" West, 13.50 feet; thence South 66039'02" East, 10.60 feet; �N41. LANC 5� E N SCr 0 s G o � 1/1779 0 T F OF y . MCCN Page 3 of 4 thence South 00023'59" West, 85.72 feet to the northerly right-of-way line of W. Pine Avenue; thence on said northerly right-of-way line, South 82032'41" West, 20.19 feet to the POINT OF BEGINNING. Containing 32,329 square feet or 0.742 acres, more or less. End of Description. 5\�N DENS o G4 1 779 Ln ��Z5 1e23 0 �0p9�F 0 F YM MCC Page 4 of 4 I i Moshers Farm M40 4 6 L37 Sub. �7 2j9 6.L33 34 S6 0 0 I L32 M v N66,3g 2 E L38 43g I 3g v C30 M L12 199 00, 0, L4S0 24,3 42B 0 L10 4g 663g02 F L41 -6Ck: i L2 7 L 14 �66 39, 442 0) 1 oo ` S00'23'S8"VU 286802'�, L43 208.50'02"E c 138.08' Z Viper v�6 v N66. L44 44S L46 Z L26 L17 Investments 39' J L16 L18 LLC 1>6,02"�, J L47 L24 - k L22 i J L3 N L23 L21 I �L20 Point of W. Pine Ave. Beginning L49 1/4 C 1/4 - - - 2321.17' _ - - - - - - 334.50' — '' S.10 S.10 S.11 N89°36'02"W 2655.681 Basis of Bearings i Mile High ) Pines Sub. S��NPL LA��s GE Ng G O 11779 N�yIZS��i3P� *See Sheet 2 for �p TF OF Line Tables YM MCCP1 N Scale: 1"=150' 0 75 150 300 P:\Fo,croft Sub No. 2 21-406\dwg\Fo,croft Sub Water Ez.dwg 4/25/2023 8:03:49 PM IDAHO Exhibit B 21b406 SURVEY 9955 , EMERALDFoxcroft Apartments BOISE IDAHO83704 3704 Sheet No. (208)846-8570 1 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date -0T.3N., RAW., B.M., City of Meridian, Ada County, Idaho. 4/25/2023 LINE TABLE LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH L1 NO'23'59"E 28.71 L18 S89'36'02"E 85.31 L35 N23'20'58"E 32.00 L2 NO'23'59"E 55.20 L19 SO'23'58"W 24.30 L36 S66'39'02"E 20.00 L3 N89'36'01"W 17.30 L20 S89'36'02"E 20.00 L37 S23'20'58"W 12.00 L4 NO'23'59"E 27.35 L21 NO'23'58"E 4.30 L38 N23'20'58"E 17.81 L5 S23'20'58"W 18.50 L22 N89'36'02"W 110.31 L39 S66'39'02"E 20.00 L6 N66'39'02"W 24.00 L23 NO'23'58"E 3.75 L40 S23'20'58"W 17.81 L7 N23'20'58"E 18.50 L24 S89'36'02"E 42.00 L41 N23'20'58"E 12.50 L8 S23'20'58"W 18.50 L25 NO'23'58"E 25.00 L42 S66'39'02"E 25.00 L9 N66'39'02"W 21.00 L26 S89'36'02"E 42.00 L43 S23'20'58"W 12.50 L10 N23'20'58"E 18.50 L27 N23'20'58"E 30.18 L44 N23'20'58"E 13.50 L11 S23'20'58"W 91.50 L28 N66'39'02"W 43.00 L45 S66'39'02"E 20.00 L12 S66'39'02"E 12.50 L29 N23'20'58"E 20.00 L46 S23'20'58"W 13.50 L13 S23'20'58"W 20.00 L30 S66'39'02"E 43.00 L47 S66'39'02"E 10.60 L14 N66'39'02"W 12.50 L31 N23'20'58"E 84.16 L48 I SO'23'59"W 85.72 L15 S23'20'58"W 43.87 L32 N66'39'02"W 21.32 L49 S82'32'41"W 20.19 L16 S89'36'02"E 25.00 L33 N23'20'58"E 25.09 L17 SO'23'58"W 12.50 L34 N66'39'02"W 45.70 ONPL LAN� \,AGE N SF S G 1/1779 Nj 7/Z5/to23 O OF YM MCCN P:\Foxcroft Sub No, 2 21-406\dwg\Foxcroft Sub Water Ex.dwg 4/25/2023 8:27:55 PM Jo No. IDAHO Exhibit B 21b406 SURVEY 9955 W.,IDAHO 837ALD 3704 4T. BOISE IDAHO Foxcroft Apartments Sheet No. (208)846-8570 2 of 2 GROUP, LLC A portin of the SE1/4 of the NE1/4 of Section 10, Dwg. Date 0T.3N., R.M., B.M., City of Meridian, Ada County, Idaho. 4/25/2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Turin Plaza Sanitary Sewer and Water Main Easement ESMT-2023-0061 ADA COUNTY RECORDER Trent Tripple 2023-026752 BOISE IDAHO Pgs=6 ANGIE STEELE 05/09/2023 04:45 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0061 Turin Plaza Subdivision SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 9th day of May 20 23 between ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer :and water mains and their allied facilities, together with _their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement., Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SZvl�i LPL STATE OF IDAI-I0 ) ) ss County of Ada ) This r c qr as acknowledged before me on (date) by name of individual), [complete the following if signing in a representativeEcaa !. ,or strike the following if'signing in an individual capacity] on behalf of k W( (name of entit n ehalf of whom record was executed), in the following representa capacity: (type of authority such as officer or trustee) (stamp) CAYLA RELKA COMMISSION M 20225179 Notary Si ature NOTARY PUBLIC My Commission Expires: \n I a`l I-)o STATE OF IDAHO MY COMMISSION EXPIRES 10/31/2028 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-9-2023 Attest by Chris Johnson,City Clerk 5-9-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-9-2023 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 Professional Engineers, Land Surveyors and Planners ma5c:)n & 924 3`d St. So. Nampa, ID 83651 SSO�Ic� ��S Jnc. Ph (208) 454-0256 Fax (208) 467-4130 e-mail:dholzhey n,masonandassociates.us FOR: McCarter-Moorhouse JOB NO.: MR0622 DATE: February 28, 2023 EXHIBIT "A" WATER & SANITARY SEWER EASEMENT An easement situated in Lot 2, Block 6, Bridgetower Crossing Subdivision No. 2 in the Ada County Recorder's Office in Book 86 at Pages 9641-9643 situated in the SW1/4 NW1/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northwest corner of Section 35 said corner being N 00' 52' 50" E., 2630.96 feet from the southwest corner of the NW 1/4; Thence S 00' 52' 50" W., 2214.50 feet along the west boundary of the NWI/4; Thence S 89' 07' 10" E., 40.00 feet to the northwest corner of Lot 2; Thence S 89' 07' 10" E., 358.00 feet along the north boundary of Lot 2 to the northeast corner of Lot 2; Thence S 00' 52' 50" W., 80.81 feet along the east boundary of Lot 2 to the POINT OF BEGINNING of said easement; Thence S 00' 52' 50" W., 30.00 feet along the east boundary of Lot 2; Thence N 89' 07' 10" W., 320.00 feet parallel with the north boundary of Lot 2; Thence N 00' 52' 50"E., 22.77 feet parallel with the east boundary of Lot 2; Mason /Associates /n�. Professional Engineers, Land Surveyors and Planners Page 1 of 2 Thence N 89' 07' 10" W., 38.00 feet parallel with the north boundary of Lot 2 to a point on the west boundary of Lot 2; Thence N 00' 52' 50" E., 20.00 feet along the west boundary of Lot 2; Thence S 89' 07' 10" E., 48.00 feet parallel with the north boundary of Lot 2; Thence S 00' 52' 50" W., 12.77 feet parallel with the east boundary of Lot 2; Thence S 89' 07' 10"E., 310.00 feet parallel with the north boundary of Lot 2 to the POINT OF BEGINNING of said easement. LA �1S T G 93 o agRFOF /N H01.'L Mason ASSOCIc`3te5 �nc_ Professional Engineers, Land Surveyors and Planners Page 2 of 2 !—ff ■ E19 ■ —N— .. Elm .. LOT 2 BLOCK 6 OF BRIDGETOWER CROSSING SUBDIVISION NO. 2 IN THE SWI14 NW714 OF CNW ORNER SECTION 35 TOWNSHIP 4 NORTH RANGE 7 WEST SEC. 35 OF THE BOISE MERIDIAN ADA COUNTY IDAHO 2022 a N N Q Scale: 1"=60' 0 Qf w _J m S89' 07' 107E Z 40.00' — — — — r — 358.00 Z o ? I SO'52'50"W 00 12.77' POINT OF— F � lu3S89-07'1O-E BEGINNING o m U)0 48,00' S89'07'10"E 310.00' "c�•r — — — — — — — — — ——— ———— — — — — — o N N89'07_10"W — — — — G Z 38.00' o o� �NO*52'50"E N89'07'10"W 320.00' 3 22,77' A 10 to t0 11 ® ""EC.S 35 LOT 2 BLOCK 6 WATER & SANITARY SEWER EASEMENT LEGEND ,rDB No. MR0622 ® FOUND ALUMINUM MONUMENT ^ a Professional Engineers, DWG NO. BOUNDARY IV l a 5 o n Land Surveyors FOUND 1/2" IRON PIN YYY C.- &Planners scarf �"=60' .. � C7 "I'll-', nE•D BOOK NO. S S O C I c3 t e 5 r2081454 0,9 Far(M)asfat70 DRANK BY: I DATE: DH 1 2/2W/ E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law and Decision and Order for Southridge No. 3 (VAR-2023-0001) by Engineering Solutions, LLP., located at 1938 W. Henry's Fork Dr. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Variance and Vacation request to allow a one-foot reduction to the required five-foot interior side setback and the public utility,drainage,and irrigation easement on the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No.3,due to a staking error which resulted in the home being constructed one-foot within the setback and easement,by Engineering Solutions,LLP. Case No(s). VAR-2023-0001 For the City Council Hearing Date of: April 25, 2023 (Findings on May 9,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 25,2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 25, 2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 25, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 25,2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 25,2023, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Variance is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 25,2023, attached as Exhibit A. D. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. E. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. F. Attached: Staff Report for the hearing date of April 25, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001) -2- By action of the City Council at its regular meeting held on the 9th day of May 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-9-2023 Attest: Chris Johnson 5-9-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-9-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001) -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING April 25,2023 DATE: Legend TN-R �''F,pi0 Project Location gVyi c Zj� qN FORK DR TO: Mayor&City Council R_ 5 F•po W R a FROM: Stacy Hersh,Associate Planner ( ' ` Ln 0 208-489-0576 R_8 o a 0 SUBJECT: VAR-2023-0001 & ® 3 H-2023-0015 \ N- Ln RYS Southridge No. 3 VAR,VAC R'8 F — R4 LOCATION: 1938 W. Henrys Fork Drive, in the NE 1/4 of Section 23,T.3N.,R.1W. Ridenbaugh ca.,o� R-2 RUT 11 I. PROJECT DESCRIPTION Variance and vacation request to allow a one-foot reduction to the required five-foot interior side setback and the public utility, drainage and irrigation easement on the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No. 3, due to a staking error which resulted in the home being constructed one-foot within the setback and easement. Applicant Information A. Applicant: Shari Stiles,Engineering Solutions— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Jeff Herman, Open Door Rentals LLC— 1977 E. Overland Road,Meridian,ID 83642 C. Representative: Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 II. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,variance and vacation of a utility easement require approval from City Council at a public hearing. Page 1 III. NOTICING City Council Posting Date Newspaper Notification 4/9/2023 Radius notification mailed to 4/6/2023 properties within 300 feet Next Door posting 4/6/2023 Public hearing notice sign posted 4/14/2023 IV. STAFF ANALYSIS The Applicant requests approval for a variance and to vacate the one-foot wide public utility, drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement on the east side of Lot 10,Block 8 in Southridge Subdivision No. 3. Legal descriptions and exhibit maps of the portions of the easements proposed to be vacated are included in Section VII below. The reason for the request is due to a staking error which resulted in the home being constructed one- foot within the five-foot side yard setback and PUDI easement. The City approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation. The building received certificate of occupancy in 2021 from the City. The encroachment was discovered when the home was purchased in 2022. Because the home has already been built on the subject property, a remedy to correct the deviation is through the approval of a variance and vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI the easement,however,there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. Relinquishment letters were received from Sparklight,Lumen,Idaho Power, and Intermountain Gas Company stating they have no objection to the vacation of the utility easements as proposed(see section VII.0 below). In order for the City to approve the variance request,the Council has to make Findings in the affirmative. Based on the analysis above, Staff believes there is sufficient cause to support the request as noted in the Findings section below for the Council to approve the request. V. DECISION A. Staff: Staff recommends approval of the variance and vacation of utility easements as proposed by the Applicant per the Findings in section VII.below. B. The Meridian City Council heard these items on April 25.At the public hearing,,the Council moved to approve the subject Variance request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay,Engineering Solutions b. In opposition:None C. Commenting: Becky McKay,Engineering Solutions d. Written testimony: None e. Staff presenting application: Stacy Hersh.Associate Planner f. Other Staff commenting on application:None Page 2 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None Page 3 VI. EXHIBIT Legal Descriptions &Exhibit Maps of the Portion of the Utility Easements Proposed to be Vacated UTHRID E SUBDIVISION NO. 3 EASEMENT VACATION A PORTION OF LOT 10, BLOCK 8, SOUTHRIDOE SUBDIVISION NO. 3 LOCATED IN THE NE 114 OF SECTION 23. T.3N., R.1W.,B.M. CITY QF MERIDIAN, ADA COUNTY, IDAHO T BLOCK 8 N81'58'45'E ~ PROPERTY DRAINAGE AhD PRES571TE ac i; WRIGA NON EA SEVEN F � 5' z 1Q '� 110,Oq' 11 NS'01'15"' PROPOSED 4' PKDE PURiC UMFF PROPERTY DRAINAGE AND PRESSURE 110.�OF 1RRIGA TOM EASEMENT � II PORPON OF EXISTING " 5' EA.SEkEN T TO BE I VA CA TED 110 .SF 1' 5 y I , II y 51 I , II I 581'58'45'IN S8yyV 1yI'�y58'45"W y 4,V ' 7(J-DC POINT OF BEGINNING p515 OF 131=ARNG r �' Y 1 � O W. o' 15 so' Bo' � lut, n Land SuN*YWg and Cawukft t]i E tTx ST.STE x MER131AN 16 SM42 12W WO,X4) 12NIAMS57t.. rxw nmwnv.na YB Iq 22-IF Page 4 Labial description Public Utility, Property Drainage and Pressure Irrigation Easement Vacation Lot 10, Block 8, S.uuthridge Subdivision No. 3 A portion of an existing Pubilt Utility, PropeM Drainage and Pressure Irrigation easement in Lot 10 of Block a of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003 through 18007, records of Ada County, Idaho,being located in the NE'/#of$action 23,Township 3 North,Range 1 West,Boise Meridian,City of Mefidian,Ada County,Idaho,and more particularly described as follows: Commencing at %inch iron pin monumpra marking the southeasterlycornerof said Lot 10,from which iR 14 inch diameter iron pin monument marking the southwesterly corner of said Lot 10 bears S 81'5.0'45'W a distance of 70.W feet- Ti along the southerly boundary of said Lot 10 S 81°58'45"VV a distance of 4.00 feet to the POINT OF BEGINNING; Thence continuing along said boundary$ 81`58'45"W a distance of 1.00 feet to the endpoint of the westerly boundary of an existing 5.00 foot wide Public Utility, Property Drainage and Pressure Irrigation easement as shown on the plat of said South ridge Subdhrision No. 3; Thence along said westerly easeme nt bou nd ary N W01 15°W a dicta rice of 110.00 feet to a point on the northerly boundary of said Lot 10; Thence along said northerly boundary N 81°5845"E a distance of 1.00 feet to a point; Thence leaving said boundary S 8°01'15" E a distance of 110.00 feet to the POINT OF BEGINNING. This easement vacation area eantains 110 square feet(0,003 acres) and is subject to any other easements existing or in use. This description was prepared from data of record and does not represent a field survey of the subject property Clinton VV. Hansen, PLS t+i tANp Land Solutions, PC 5T � March 29, 2022 `�` 0 , y (� O)V �d Oti�>til � 5outUdge 54itdrnaion No 3 Ub ity EB92i112f1t Vacatw ,lab No 22-16 Page 7 pi 7 Page 5 VII. FINDINGS A. Variance(UDC 11-511-4): 1. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are characteristics that hinder this site because the home has already been built on the subject property. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI easement, however, there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. 2. The variance shall not be detrimental to the public health, safety,and welfare. Staff finds granting the variance should not be detrimental to the public health, safety and welfare. Page 6 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2386: A Resolution Vacating a Portion of an Existing Public Utility, Property Drainage, and Pressure Irrigation (PUDI) Easement in Lot 10, Block 8 of Southridge Subdivision No. 3, Being More Particularly Described In Exhibit "A"; and Providing an Effective Date ADA COUNTY RECORDER Trent Tripple 2023-026751 BOISE IDAHO Pgs=4 ANGIE STEELE 05/09/2023 04:45 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 23-2386 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION VACATING A PORTION OF AN EXISTING PUBLIC UTILITY, PROPERTY DRAINAGE, AND PRESSURE IRRIGATION (PUDI) EASEMENT IN LOT 10,BLOCK 8 OF SOUTHRIDGE SUBDIVISION NO.3.BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 25, 2023 the City Council of the City of Meridian held a hearing on the vacation of a portion of an existing public utility, property drainage, and pressure irrigation (PUDI) easement in Lot 10, Block 8 of Southridge Subdivision No. 3; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of an existing public utility, property drainage, and pressure irrigation (PUDI) easement in Lot 10, Block 8 of Southridge Subdivision No. 3, as fully described in Exhibit"A", is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 9th day of May, 2023. Approved by the Mayor of the City of Meridian, Idaho, this 9th day of May, 2023. Southridge Subdivision No.3 Easement Vacation—H-2023-0001 Attest: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF IDAHO ) ss: County of Ada ) On this 9th day of May, 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public My Commission Expires: 3-28-2028 Southridge Subdivision No. 3 Easement Vacation—H-2023-0001 EXHIBIT A Legal Description Public Utility, Property Drainage and Pressure Irrigation Easement Vacation Lot 10, Block 8, Southridge Subdivision No. 3 A portion of an existing Public Utility, Property Drainage and Pressure Irrigation easement in Lot 10 of Block 8 of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003 through 18007, records of Ada County, Idaho, being located in the NE '/4 of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a '/z inch iron pin monument marking the southeasterly corner of said Lot 10, from which a 'h inch diameter iron pin monument marking the southwesterly corner of said Lot 10 bears S 81°58'45" W a distance of 70.00 feet; Thence along the southerly boundary of said Lot 10 S 81°58'45" W a distance of 4.00 feet to the POINT OF BEGINNING; Thence continuing along said boundary S 81°58'45" W a distance of 1.00 feet to the endpoint of the westerly boundary of an existing 5.00 foot wide Public Utility, Property Drainage and Pressure Irrigation easement as shown on the plat of said Southridge Subdivision No. 3; Thence along said westerly easement boundary N 8001'15" W a distance of 110.00 feet to a point on the northerly boundary of said Lot 10; Thence along said northerly boundary N 81°58'45" E a distance of 1.00 feet to a point; Thence leaving said boundary S 8001'15" E a distance of 110.00 feet to the POINT OF BEGINNING. This easement vacation area contains 110 square feet (0.003 acres) and is subject to any other easements existing or in use. This description was prepared from data of record and does not represent a field survey of the subject property. Clinton W. Hansen, PLS \oNNL LA No s Land Solutions, PC �5 S T R G,p March 29, 2022 e� 0 11118 OF 0N W NPR dSoldons Southridge Subdivision No. 3 Land Surveying and Consulting Utility Easement Vacation Job No. 22-18 Page 1 of 1 SOUTHRIDGE SUBDIVISION NO. 3 EASEMENT VACATION A PORTION OF LOT 10, BLOCK 8, SOUTHRIDGE SUBDIVISION NO. 3 LOCATED IN THE NE 1/4 OF SECTION 23, T.3N., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO w 6 BLOCK 8 Q N 81'58'45"E o __� --- 1.00' C-D ____----- - EXISTING 5' WIDE PUBLIC URL 7Y, Z " PROPERTY DRAINAGE AND PRESSURE 11 IRRIGA 77ON EASEMENT LL- 0 It 5 S8'01'15"E 9 z ' 10 " 110.00' �1 PROPOSED 4' WIDE PUBLIC U7IL TY, 11 i N8'01'15"W PROPERTY DRAINAGE AND PRESSURE 110.00, IRRIGA 7ION EA SEMEN T 1 POR7ION OF EXISTING j 5' EASEMENT TO BE 1 VA CA TED 710 SF f ^1 I It 11 Jill 11 11 11 1 1 S81'58'45"W S81'58'45"W�,- 4.00' "i--�- -------- 1.00 9' ' o S81'58'45"W 70.00' POINT OF BEGINNING BASIS OF BEARING W HENRYS FORK \oNPL LA No C2 \ 11118 0 F tiTCN W NPR 0' 15' 30' 60' Lan futimons Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB NO. 22-18 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2387: Authorizing Donation of Surplus Playground Equipment to LeSEA Global Feed the Hungry, Inc. Mayor Robert E. Simison E IDIAN*4_�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: April 27,2023 RE: Donation of Used Playground Equipment Background The Parks and Recreation Department is replacing two playgrounds this fiscal year. The replacement of the playground in Bear Creek Park was approved as a capital replacement, due to excessive wear and a lack of replacement parts. The playground in Chateau Park was approved as a CDBG funded project for the same reasons. In the past,whenever a playground is being replaced,we have removed and disposed of the equipment. As an alternative to disposing of the playgrounds,we found a non- profit organization named Food For the Poor,Inc(FFTP)that provides the logistics and organizes groups to reassemble these playgrounds in underprivileged locations. On June 7, 2022, Council approved Resolution 22-2330 authorizing the donation of this property. We were informed that FFTP can no longer accept donations of this type, so we found another organization willing to follow through with the donation as originally planned. We have revised the original resolution with the name of the new organization. Action We are requesting approval of a resolution to declare these playgrounds surplus property and authorizing the Parks and Recreation Department to donate these playgrounds to LeSEA Global Feed the Hungry, Inc so they can be repurposed in a underprivileged location. CITY OF MERIDIAN RESOLUTION NO. 23-2387 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; SUPERSEDING RESOLUTION NO. 22-2330; AND AUTHORIZING THE MERIDIAN PARKS & RECREATION DIRECTOR TO DONATE USED PLAYGROUND EQUIPMENT TO LESEA GLOBAL FEED THE HUNGRY, INC. WHEREAS, it is in the best interest of the City of Meridian to declare that the used playground equipment described below as surplus as it is no longer needed or used by the City of Meridian; WHEREAS, the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; and WHEREAS, the City of Meridian desires to donate the specified used playground equipment to LeSEA Global Feed the Hungry, Inc., a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, and an international relief and development organization that refurbishes and reuses used playground equipment in developing countries; NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare the following to be surplus property: playground equipment formerly used in Chateau Park, including a playground set designed for ages 5-12 and a set of standalone swings; and playground equipment formerly used in Bear Creek Park, including a playground set designed for ages 5-12, a playground set designed for ages 2-5, and a standalone zip line. Section 2. That the Mayor and City Council hereby authorize the conveyance of such used playground equipment to LeSEA Global Feed the Hungry, Inc. Section 3. That this resolution shall be effective immediately upon its adoption by the City Council and signature by the Mayor, and the Meridian Parks and Recreation staff are hereby authorized to convey such used playground equipment to LeSEA Global Feed the Hungry, Inc. Section 4. That this resolution shall supersede and replace Resolution no. 22-2330. ADOPTED by the City Council of the City of Meridian, Idaho, this 9th day of May, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of May, 2023. RESOLUTION AUTHORIZING DONATION OF SURPLUS PLAYGROUND EQUIPMENT PAGE 1 CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION AUTHORIZING DONATION OF SURPLUS PLAYGROUND EQUIPMENT PAGE 2 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2388: A Resolution of the City Council of the City of Meridian Setting Forth Findings and Purposes to Declare Surplus Property (#51/200 Print of Artwork by Jerry Snodgrass); and Authorizing the Meridian Parks and Recreation Staff to Convey Such Property to the Meridian Library District CITY OF MERIDIAN RESOLUTION NO. 23-2388 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AND AUTHORIZING THE MERIDIAN PARKS & RECREATION STAFF TO CONVEY SUCH PROPERTY TO THE MERIDIAN LIBRARY DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare the artwork print described below as surplus as it is no longer needed or used by the City of Meridian; WHEREAS, the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; and WHEREAS, the City of Meridian desires to donate the print to the Meridian Library District, a public library district organized under the laws of the State of Idaho; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the City Council hereby authorizes and declares to be surplus the #51/200 print of artwork by Jerry Snodgrass. Section 2. That the City Council hereby authorizes the conveyance of such print to the Meridian Library District. Section 3. That this resolution shall be effective immediately upon its adoption by the City Council and signature by the Mayor, and the Meridian Parks and Recreation staff are hereby authorized to convey such print to the Meridian Library District. ADOPTED by the City Council of the City of Meridian, Idaho, this 9th day of May, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of May, 2023. CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION AUTHORIZING DONATION OF SURPLUS ART PRINT PAGE 1 DEPARTMENT E IDIAN~ Parks& Recreation DEPARTMENT CONTACT CITY OF MERIDIAN Cassandra Schiffler PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION N/A �#51/200 vintage print by Jerry Snodgrass MODEL MANUFACTURER SERIAL/VIN# ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN 2023 donation Jerry Snodgrass historic archives PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell The Historic Preservation Commission voted to donate the print to the X Donation/Transfer Meridian Library District on 3-29-23 to include with the rest of the History Collection.The plan is to tranfer it on May 17,2023 before a public walking Trade In tour.The library has a donation form that will be filled out. Discard/Recycle "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY HPC voted to donate the print to MLD on 3-29-23. It makes sense to include it in the History Collection. CONDITION OF PROPERTY TO BE DISPOSED print has some significant condition issues, accretions fading, non-archival storage damage);but is being P g ( g, g I; framed with archival materials 2- Depart,ent Designee Approval Date' Finance Reviewed Date FOR FINANCE USE ONLY FA# GL Code: Resolution No.: Approved by Council Date: 5-9-2023 Final Disposition of Property: C:\Users\rmyers\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\G7GNEZ20\Donated J Snodgrass print_property-information-and-disposal-request-form 1 of 2 Instructions for submitting Property Disposal Request: A. Department will obtain a signature for approval of Department Designee. B. Send to Finance Department(Accountant)for review and signature. C. Finance (Accountant)will return a copy of the approved form to the Department so they can proceed with disposal. The Department will remove all identifying logos prior to disposal if applicable. Any fixed assets that is to be disposed or sold without public notice,public sale,or at auction must be authorized by City Council resolution prior to disposal or sale. a. Finance (Accountant)will send copy of signed disposal request to Legal (Legal Services Support Manager)and Department for Resolution draft. Department will coordinate with Legal (Legal Services Support Manager); add Disposal Form and Resolution draft to next available Council Agenda using Agenda Manager Software. E. The Department will contact the auction company or donating agency to arrange pick up. F. Once the property is disposed of, Finance will note on the form the Final Disposition of Property and will delete item from the Fixed Asset Listing. Departments will note the disposition on their Inventory Listing. G. Finance and/or Department will notify Legal to remove item from insurance policy See Fixed Asset Policy for more information See Disposal Flowchart for more information C:\Users\rmyers\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\G7GNEZ20\Donated J Snodgrass print_property-information-and-disposal-request-form 2 of 2 Rachel Myers From: Cassandra Schiffler Sent: Monday, May 1, 2023 2:53 PM To: Rachel Myers; Steve Siddoway Cc: Garrett White; Emily Kane Subject: Signature for property transfer form Attachments: Donated J Snodgrass print property-information-and-disposal-request-form.xlsx; Special Meeting of the Historic Preservation Commission Minutes 3-30-2023 minutes.pdf, Snodgrass Meridian print jpg Rachel,Steve, I am following City processes to get a historic print that was donated to the City to be transferred to the library. I started filling out this form with all the info I have—I think it just needs Steve's signature next?Then it goes on to Finance,and Legal/Emily will write a resolution for the transfer of the piece. Rachel, can you take care of this form from here? I need this all to be in place by May 15 for Preservation Week as HPC is planning a public transfer of the piece to the library before the history walk event. Background info: This print was donated to the City and they gave it to me to see what HPC would like to do with it. HPC voted to donate the print to M LD on 3-29-23 (approved minutes attached—see agenda item 3). Also attached is an image of the print. The print is a limited edition reproduction of the original painting in City Council Chambers. The original painting by local artist Jerry Snodgrass and was commissioned/donated by a centennial committee in 1993 as part of the Meridian Centennial celebrations.The print is#51 of 200 that were sold during that time to raise funds for various things like the refurbishment of the Pine Street School. The printed image is about 14x20, and it should be approximately 18x26 when framed (it's at the framers now). FYI—the print has some significant condition issues, and while I'm no longer qualified to do appraisals and it would be a conflict of interest for me to perform an appraisal for the City(I didn't recertify with the International Society of Appraisers), I am confident that the frame we are putting on the piece is likely more valuable than the print.The value lies in the historic nature of the piece,which is hard to quantify, but a Fair Market Value would likely be under$100. All best, Cassandra Schiff ler I Arts& Culture Coordinator City of Meridian I Parks and Recreation Department 33 E. Broadway Ave. Ste. 206, Meridian, Idaho 83642 Phone: 208.489.0399 C� QifE IDIAN_=-- Meridian Parks and Recreation: Quality. Community. Fun. All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho law with regard to both release and retention, and may be released upon request, unless exempt from disclosure by law 1 ( D SPECIAL MEETING OF THE HISTORIC PRESERVATION COMMISSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Wednesday, March 29, 2023 at 4:30 PM MINUTES ROLL-CALL ATTENDANCE x Blaine Johnston, President x Destinie Hart,Vice President x Pam Jagosh x Jody Ault Jack Keller City staff present were Arts and Culture Coordinator,Cassandra Schiffler and City Attorney, Bill Nary. ADOPTION OF AGENDA J. AL1It made motion to adopt agenda,seconded by P. Jagosh All ayes APPROVAL OF MINUTES [ACTION ITEM] 1. Approve: Minutes from 2-23-23 Historic Preservation Commission Meeting J.Ault made motion to approve minutes, seconded by P. Jagosh All ayes APPROVAL OF MONTHLY FINANCIAL STATEMENTS [ACTION ITEM] 2. Approve: Monthly Financial Statement C. Schiffler confirmed no new items this month. P. Jagosh made motion to approve the monthly financial statements, seconded by J.Ault All ayes OLD BUSINESS [ACTION ITEMS] 3. Discuss and Recommend: Framing and Placement of Donated Historic Print C. Schiffler stated there are two framing quotes attached to the agenda: $171.82 for a simple black frame or$229.4.2 for a wood frame, which is potentially more fitting for the piece; quotes include a discount provided by the framer. J. Ault made motion to frame print using the framing bid in the amount of$229.42, seconded by P.Jagosh All ayes B. Johnston requested that C. Schiffler reach out to the Meridian Library District to see if they are interested in the donation of this framed print. B. Nary stated a motion is required to determine the next steps as this piece is now City property, and the Mayor's Office has requested the input of the Comm ission to determine what happens to this piece of property. B. Nary noted the City's Legal Department would be required to process a resolution transferring ownership of the property, if the Meridian Library District does want the framed print. J.Ault made motion to donate the framed print to the Meridian Library District, seconded by P. Jagosh All ayes Commission Feedback: B. Johnston stated his opinion is to go with the wood frame for$229.42 and thinks since the Meridian Library District has control over all other historic artifacts,the Framed print should be donated to the Meridian Library District for display. P. Jagosh stated she has not seen the print but it makes sense to her to donate the print to the Meridian Library District. The print under discussion is a limited-edition photographic reproduction print(#51 of#200)of the original painting hanging in City Hall Chambers. 4. Discussion and Planning: May 2023 Preservation Month Activities (Possible Ideas: Walking Tours, Pine Street School Tour,Sidewalk Signage,Student Sketching Stations, Presentation of Video and Photos,TAG Walking Tour of Survey Area on May 17,Speedway Tours through Preservation Idaho) C. Schiffler stated she has two mural unveilings scheduled for May 19 so prefers to not schedule any additional activities that day. C. Schiffler noted the following events are also happening in May: • May 13 is the City's Unplug and Be Outside main event at Settlers Park • TAG Historical Research & Consulting (TAG) will be conducting a walking tour of the current survey area in Downtown Meridian on May 17 and this can include a short presentation in Conference Rooms A/B prior to the walking tour • TAG giving walking tours at the Meridian Speedway through Preservation Idaho (NOTE: Commissioners should be receiving special invitations to attend a tour on May 25 at 6pm; other tour options are available but will fill quickly; Meridian Speedway race tickets are also available for Commissioners at the Meridian Parks and Recreation Department Office) B. Johnston confirmed that he spoke with the Meridian Library District and Library staff are willing to set LIP in Conference Rooms A/B to loop the "Settlers Make the Desert Bloom" video along with other historic photographs for the Public to view. B.Johnston inquired with the Commission who might be available to assist with various activities (at City Hall and within Downtown Meridian) on May 17 between 9:30pm and 7pm. J.Ault confirmed she would be available on May 17. P.Jagosh confirmed she would be available on May 17. C. Schiffler inquired what type of marketing or recruitment plan the Commission has to get students to the sketching stations in Downtown Meridian and confirmed she is Unable to contact school staff directly, and at the most may be able to send information to school principals. C. Schiffler requested preservation activity materials and information from the Commission two weeks in advance so she can write a media release. B. Nary inquired as to what type of marketing plan there is for the entire slate of activities and stated the Commission should contact the Mayor's Office to see if City marketing resources could be used. B.Johnston suggested using Facebook and lnstagram accounts to advertise and confirmed he will provide materials and information to C. Schiffler and asked For the Commissioners input on which historic building in Downtown Meridian to select for the sketching station. C. Schiffler will inquire with the Clerk's Office to see if Conference Rooms A/B are available on Wednesday, May 17. B.Johnston will contact the Pine Street School to see about having it open on May 17 and stated he is available on Monday, May 15 to Put out sidewalk signage in front of historical buildings. B. Nary confirmed no additional permits are allowed to place sidewalk signage out as the City has jurisdiction over sidewalks in Downtown Meridian. C. Schiffler will inquire with TAG to see if they can include the Pine Street School as part of their planned walking tour. J. Ault made motion to approve Commission President and the City's Arts and CL►ltl►1'e Coordinator to choose off-site location to use as a sketching station for Preservation Month activities and to report on the decision at the Commission's April Meeting,seconded by P. Jagosh REPORTS [ACTION ITEM] 5. Presentation: Introduction to the State Historic Preservation Office (SHPO) Staff and the Work of SHPO —Maria Rachel, Historic Preservation Planner and Dan Everhart,Architectural Historian Presentation by D. Everhart, SHPO Architectural Historian and M. Rachal, SHPO Historic Preservation Planner/Certified Local Government (CLG) Coordinatoron the relationship between SHPO and the City of Meridian. D. Everhart provided the following information about SHPO: SHPO is a division of the State Historical Society, which works across Idaho to collect and interpret .Idaho history and includes the Idaho State Museum, the State Archives, and a State Historic Sites Program (e.g., Old Idaho Penitentiary). SHPO's work is to collect, maintain and provide access to records and information on Idaho's historical and archeological sites with the main program being the National Registry of Historic Places Program. Another program SHPO oversees is the CLG Program; the City of Meridian is one of forty CLGs in Idaho. The City was first CLG-certified in the late 1980s, but was decertified in 1990, and then recertified in 1994 and has remained active since 1994. CLG certification allows access to CLG-specific grant funds which have been awarded to the City over the years. M. Rachal is now the City's CLG liaison and will help the City access information, apply for the grant program, and act as a general resource for the City. Commission Feedback: B.Johnston inquired about how grant funds can be used. Project limitations are set by the National Park Service. in addition to funding work on National Registry of Historic Places nominations,fiinding is awarded for such things as preservation plans(the City's has not been updated since 2014), preservation-related training, surveys, work on brick and mortars listed on the National Registry(occasionally), but SHPO is open to discussing other ideas. B.Johnston inquired if a preservation plan is required for CLG certification and how often SHPO recommends updating a plan. Not a requirement but strongly encouraged. Every 10 or so years but may be more important for a City as dynamic as and changing as quickly as Meridian. B. Johnston inquired about the grant application timeline and if grants can be retro-active for work that has been completed. Grant application typicallyopensin October and closes December 31 but will notify C.Schiffler as October nears. Grants are not retro-active. B. Johnston inquired if funds are grant funds versus matching funds. It is both and SHPO does ask for a grant match, preferably in cash, but SHPO has rates to calculate staff time, volunteer time, etc. towards the grant match requirement Grants are competitive but this allows SHPO to give more funding to individual projects. C. Schiffler inquired about the CLG-certification requirements. SHPO required to review CLG certifications once every fouryears so the City may be coming up on its next review. The City will complete a self evaluation form, then SHPO reviews and mokes suggestions for potential improvements with the goal of always recertifying. G. Johnston inquired if there is a specific training requirement for Commissioners that is tied to the CLG certification. Encourage training which con occur in various fo►'lnns but there is no specific hourly/annual requirement. National Alliance of Preservation Cornnrnnissiorns hosts many trainings and a bi-annual conference so SHPO is considering paying the membership fee fo-all CLGs but final decision still pending. C. Schiffler inquired about the status of work on the Meridian Speedway History Registry nomination (see Agenda Item #6). Working on revised draft this week and have been offered assistance from TAG in the next few months. Once revised SHPO will forward revised nomination to the National Park Service as a draft, and pending the orrtcome of this seconda►y review, the 170177iinatiOJn would then be formally resubmitted to the Office of the Keeper in Washington D.C. in the next few months. C. Schiffler noted that even if the nomination is not approved, the City and its citizens hopefully do recognize that with or without the designation on the National Registry, the Speedway is a very important historic site to Meridian and Meridian history. No question of the significance to the City of Meridian and since grant dollars were awarded for-this project, SHPO has a vested interest in seeing this nomination approved. 6. Project Updates: Egger Farmstead (Black Cat Development), Speedway Nomination to the Historic Registry, and TAG Reconnaissance Survey B. Johnston stated he has heard that the developer is rethinking usage of the silo and barn due to cost but has no additional updates at this time. NOTE: Update on Speedway Nomination to the Historic Registry provided under Agenda Item #5. C. Schiffler stated TAG will begin field work for Reconnaissance Survey next month. FUTURE MEETING TOPICS/ DISCUSSION B. Johnston requested C. Schiffler obtain an estimate from TAG for a preservation plan update. NEXT MEETING: April 27, 2023 ADJOURNMENT J. Ault made motion to adjourn, seconded by P.Jagosh All ayes 0-W.,* 1 [ r .: M N t1 v,­w, 't,_ X lyl � k � R rl T n `- q- U - f } . . W IDIAN� AGENDA ITEM ITEM TOPIC: Building Safety Month Proclamation 1 all _ \ / { A , f4L� / > . _ 0. WLI 6 , 9/ ! \ v J )j 14 xA f. ;.} ƒ 2 : \ i ^ ^ � ��� Z � % 1 C : / \ — � \ � \ > it NO y . Irk \ " ^ ��x '• � � %/fin � �� i � � � 6 dd 40 dL Vrrr r< IL _ f v IDIAN� AGENDA ITEM ITEM TOPIC: Termination and Release of Impact Fee Assessment and Deferral Agreement between the Ada County Highway District, the City of Meridian, and Kam Realty, LLC (d.b.a. Kiddie Academy of Meridian) ADA COUNTY RECORDER Trent Tripple 2023-030989 BOISEIDAHO Pgs=17 VICTORIA BAILEY 05/31/2023 10:36 AM ADA COUNTY HIGHWAY DISTRICT NO FEE Alict R,ccordu.d Rcimm Toy� Steven B.Price General Counsel Ada 3775 Adams Sheet GaiAep Cijvjdaho 83714 ------------------------ -------- 3335&Vlctm-y�RdNletjdhip L--- MCIF23-0012/MFIZ21-0053/C-NE W-2023-0002 Tim space Rescrved for Recordi.ng Fur case's IMPACT FEE ASSESSMENTAND DEFERRAL AGREEMENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT trade this W" day of MRY 20 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHU"; the City of Meridian, an Idaho municipal emporation, ("tile Ciity"),, amid Kam Rca- liv LLC dba Kiddie Academy of:vlericlian, an Idaho corporation ("Developer"'), RECITALS WHEREAS, Developer has acquired mrtain real property more particularly described in Exhibit A, hereto, and Renerally 'located, at 3335 E. Victory Rd, City of Meridian, Ada County, -161ho (the "Property"); WHEREAS, Developer will in the future make certain applications to time Cityregaiding the development and construction of a daycare faeflity oil the Property(the "Project"); WHEREAS, pursuant to Jdahlo Code § 67-82010) and Section 7316,1 of ACHD Ifi, , Ordimme 246A, the paynnent of the impact fee required for the development of the Property (the "ACT-ID Impact Fee")by the Developer to ACHD would normally be due at the tin ot- Issilance of a building permit for It-lie Project; WHEREAR, it is tile desire of the Developer to defer payment of the ACHD bripact Fee pursuamt to the ternis of this Acgreernent; WHEREAS, it is the (les-ire of the City that Developer be able to defer paynnent of the ACHD Impact Fee for the pi.-,---poses of encouraging development in Meridian and time City is willing to enter into, this Agreement to facilitate [lie deferral of fees by Developer to ACI.A.D; WHEREAS., ACHD is willing to enter into 'his Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in con�sideration of the assurarices, covenants. and other agreements provided herein by the City and by Developer, IMPACT FEE ASSESSINH..NT AND DEFERRAL AGREEINIENT-I After Recording Return To: Steven B.Price General Counsel Ada County Hiehwav District 3775 Adams Street Garden City,Idaho 83714 3335 E.Victory Rd,Meridian,ID 83642 MCIF23-0012/MER21-0053/C-NEW-2023-0002 This Space Reserved for Recording Purposes IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Agreement') made this 9th day of May , 20 23 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Kam Realty LLC dba Kiddie Academy of Meridian, an Idaho corporation ("Developer"). RECITALS WHEREAS, Developer has acquired certain real property more particularly described in Exhibit A, hereto, and generally located at 3335 E. Victory Rd, City of Meridian, Ada County, Idaho (the "Property"); WHEREAS, Developer will in the future make certain applications to the City regarding the development and construction of a daycare facility on the Property (the "Project'); WHEREAS, pursuant to Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 246A, the payment of the impact fee required for the development of the Property (the "ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the Project; WHEREAS, it is the desire of the Developer to defer payment of the ACHD Impact Fee pursuant to the terms of this Agreement; WHEREAS, it is the desire of the City that Developer be able to defer payment of the ACHD Impact Fee for the purposes of encouraging development in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to ACHD; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-1 WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 246A authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 246A, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition,calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 246A setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the Building Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 246A, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 246A permits ACHD and a "Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of Building Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first permit necessary to commence construction of tenant improvements at the Project (the "Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the Building Permit. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-2 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty (30) days in advance of any request for the final inspection before the issuance of the certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the Building Permit. 3. Collection of ACHD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due and payable, the City: (i) will not conduct the final inspection required for the issuance of the Occupancy Pennit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non-occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. (b) Developer acknowledges and agrees that as a condition precedent to the City conducting the final inspection required prior to issuing the Occupancy Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond October 31, 2024, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Refund of Payment of Fee. Notwithstanding any other provision of this Agreement, in order to have its building permit released, Developer may pay the ACHD Impact Fee to ACHD. If and when this Agreement is approved and executed, the parties hereto agree that ACHD will refund the ACHD Impact Fee that has been paid without interest on the funds and the deferral process contemplated herein will be implemented. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-3 (e) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, and then and only then shall the City proceed with the final inspection and issuance of the Occupancy Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the final inspection and issuance of the Occupancy Permit for the Project until the foregoing condition is met. (f) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the inspection or issuance of the Occupancy Permit for the Project,deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives frill payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project,ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 246A, 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required,ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the Building Permit was originally issued, (ii) ACHD may assess a penalty of$500 per day for non- payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein,Developer shall only be entitled to non-monetary remedies,such as specific performance, declaratory relief, and injunctive relief. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-4 1 I (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party. 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"), ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees f'or this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible f'or the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes,rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. S. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to the ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part,without the prior written consent of both ACHD and the City, which may be withheld in either of their sole IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-5 discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof,until such time as the Project is complete and ACHD has received full payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. 0) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture,partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals,payments in connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered mail,postage prepaid, or sent by reputable overnight courier(e.g.,FedEx) and addressed to the parties as follows; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-6 ACHD: Ada County Highway District Attn: Megan Anderson 1301 N Orchard Street Suite 200 Boise, Idaho 83706 DEVELOPER: Kam Realty LLC dba Kiddie Academy of Meridian Attn: Vijay Ilavarasan 2219 NW Sierra Way Camas, WA 98607 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt(or attempted delivery if delivery is refirsed), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 246A may be amended,repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 246A are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such fiirther assignments,certificates,instruments,records,or other documents,assurances or things as may be reasonably necessary to give fiill effect to this Agreement and to allow each party firlly to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on next page IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-7 ACHD ADA CO TY HIGHW, Y DISTRICT YDISI B Alexis Pli erring, Commission President STATE OF IDAHO )ss. County of Ada On d thisill day o or 2023 •e me, a Notary Pu blic, personally appeared , bef Alexi's Pickering, known or prove o me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my ha and affixed my official seal the day and year in this certificate first above written. 0 .071 Sj6, ic otai Publ' �olAki% nw. Residing at A44 COD Comm. Expires Comm Q051 0 'X 0,F IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-8 DEVELOPER Kam Realty LLC dba Kiddie Academy of Meridian By: Vijay Ilavarasan, Owner STATE OF WASHINGTON ) )ss. County of Clark) On this_V ' day of_�ro _, 7? , before me, a Notary Public, personally appeared Vijay Ilavarasan, known or pved to me to be the owner, of Kam Realty LLC dba Kiddie Academy of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KRISTI PUCK COMMISSION#20224558 Notary Public NOTARY PUBLIC / STATE OF IDAHO Residing at MY COMMISSION EXPIRES 9/21/2028 Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -9 CITY CITY OF MERIDIAN Robert E. Simison, Mayor - - Attest: ------------------- Chris Johnson, City Clerk 5-9-2023 STATE OF IDAHO ) )ss. County of Ada ) On this 9th day of May , 2023 , before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or proved to me to be the Mayor and City Clerk of the City of Meridian, the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Meridian, ID — Comm.Expires 3-28-2028 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 10 I Exhibit A Legal Description of Property Lot 3 in Block 1 of Shops at Victory Subdivision, according to the official plat thereof, filed in Book 110 of Plats at Pages 15698 through 15700,records of Ada County,Idaho I IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 11 Exhibit B Form Termination and Release IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 12 Recording Requested By and When Recorded Return to: Steven B.Price General Counsel Ada County Highway District 3775 Adams Street Garden City,Idaho 83714 3335 E.Victory Rd,Meridian,ID 83642 MCIF23-0012/MER21-0053/C-NEW-2023-0002 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this 9th day of May , 2023 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Kam Realty LLC dba Kiddie Academy of Meridian an Idaho corporation ("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the , day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the day of 20 , by the parties and recorded , 20 , as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 13 ACHD ADA COUNTY HIGHWAY DISTRICT By — Alexis Pickering, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20_, before me, a Notary Public, personally appeared Alexis Pickering, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 14 DEVELOPER Kam Realty LLC dba Kiddie Academy of Meridian By: Vijay Ila arasan, Owner STATE OF WASHINGTON ) )ss. County of Clark ) On this ?�j day of& , 209f, before me, a Notary Public, personally appeared Vijay Ilavarasan,known or proved Yo me to be the owner of Kam Realty LLC dba Kiddie Academy of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at //� ��'t KRISTI:IDAHO K Comm. Expires COMMISSIO224558 NOTARYIC STATE OMY COMMISSION ES 9/21I2028 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 15 CITY CITY OF MERIDIAN Robert E. Simison, Mayor 5-9-2023 Attest: Chris Johnson, City Clerk 5-9-2023 STATE OF IDAHO ) )ss. County of Ada ) On this 9th day of May__, 20 23 before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson known or proved to me to be the Mayor and City Clerk of the City of Meridian, the person whose names is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Meridian, ID Comm. Expires 3-28-2028 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 16 Exhibit A Legal Description of Property Lot 3 in Block 1 of Shops at Victory Subdivision, according to the official plat thereof, filed in Book 1 10 of Plats at Pages 15698 through 15700, records of Ada County, Idaho IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 17